HKSAR v. Kwok Siu Man

DCCC802/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 802 OF 2012

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.You admitted the brief facts and I convicted you.

3.Briefly, what happened is this.

4.You were intercepted by DPC 4452 (PW1) and DPC 2939 (PW2) at about 8.01 am outside Room 639, Hong Kwai House, Cheung Hong Estate, Tsing Yi.

5.Under the authority of a search warrant and in your presence, they searched your premises.

6.They found the following:

(a) one bag containing the items of (b);

(b) four resealable transparent plastic bags containing suspected dangerous drugs (E1); also another bag,

(c) containing the remaining exhibits;

(d) eight plastic bags containing DD (E2);

(e) five plastic bags containing suspected dangerous drugs (E3);

(f) two plastic bags containing suspected dangerous drugs (E4);

(g) electronic weighing scales; and

(h) two plastic bags.

7.At 8.35 am PW1 arrested you and cautioned you, and you admitted the following:

(a) all suspected dangerous drugs was, in fact, ketamine;

(b) the ketamine was obtained from “Ah B”;

(c) you were selling the ketamine to provide for your daughter.

8.In somewhat more detail, you confirmed this in the subsequent video recorded interview.

9.The analysis of E1 to E4 was shown to be 85.26 grammes of powder containing 57.27 grammes of ketamine.

10.You admitted to one previous similar conviction and to breach of an order leading to a suspended sentence, of which you now admit you are in breach.  That suspended sentence was one of 3 months.

11.Mr Law entered limited mitigation on your behalf, because in fact, there is little could be said.

12.He told me that you are 27 years of age, single and you have a daughter of 6 from a previous cohabitation.  In the past you had worked as a part-time waitress and you were educated to Form 2.

13.You committed the present offence and thereby breached the suspended sentence because you borrowed $30,000 from a relative for an operation.  You needed to repay that money.

14.You are in receipt of just over $4,000 per month in welfare payments and that is not enough to provide for you and your daughter.

15.Mr Law produced and referred to a letter that you had written to the court.  That letter was in Chinese.  In that letter, I understand you explained why you committed the offence and expressed your remorse.

16.In closing, Mr Law emphasised your remorse, your co-operation with the police on arrest, your plea of guilty, and pleaded for leniency on your behalf.

17.He rightly identified that, given the amount of ketamine involved in this case, that fell within the quantity of which is provided for 6 to 9 years’ sentence imprisonment.

18.I turn now to the sentence itself.

19.I do have sympathy for you as a single mother in very difficult financial circumstances.

20.I accept that you were co-operative on arrest, that you are of light record, and that you are remorseful.

21.However, having said that, this is a serious matter.  Trafficking in dangerous drugs is always serious.

22.In this case, we are dealing with 57.27 grammes of ketamine.

23.The sentences imposed will be these.

24.On the charge itself, I take as a starting point 6 years’ imprisonment, reduced to 4 for your plea of guilty, and in respect of the suspended sentence, that will be imposed consecutively and in full, so the total is 4 years and 3 months.